UPSC Mains 2016 · GS II · Q1 · 12.5 marks · 200 words

Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics ?

हिन्दी में

69वें संविधान संशोधन अधिनियम के उन अत्यावश्यक तत्त्वों और विषमताओं, यदि कोई हों, पर चर्चा कीजिए, जिन्होंने दिल्ली के प्रशासन में निर्वाचित प्रतिनिधियों और उप-राज्यपाल के बीच हाल में समाचारों में आए मतभेदों को पैदा कर दिया है । क्या आपके विचार में इससे भारतीय परिसंघीय राजनीति के प्रकार्यण में एक नई प्रवृत्ति का उदय होगा ?

How a topper answered the closest question

Toppers wrote this one in a test series: “How has the 69th Constitutional amendment led to Delhi's dual governance dilemma? Discuss its impact on cooperative federalism as envisaged in the Constitution.”

Farkhanda QureshiAIR 67 · CSE 2024 · 295 wordsTheir whole copy

Opening

The Delhi government has constitutional sanction under Article 239 A. This also the government an assembly of 70 members and a Lieutenant General (LG) as administrator of the state.

Recent tussle between CM and LG has been in news & has its roots in 69th Constitutional Amendment :-

Body · points

  1. The LG has power to refer a matter of contention between LG & CM to the President. ↳ this creates deadlocks in decisions.

  2. The power in relation to law & order, police & land is under the Union rather than Delhi.

  3. The LG is appointed by the central govt. ↳ so has been alleged to have biases.

④. The Delhi's status of statehood has not been contemplated clearly. ⑤. Similarity of powers - Assymetric power provided to government & LG. This has created a tussle between Delhi's government & LG.

Impact on cooperative federalism :- ↳ The harmony and benevolent relations are disrupted. ↓↓ Distressed autonomy. ↳ conditions of anomalies between the LG & Delhi government. ↳ The misuse of provisions by LG ↓↓ contravention of representative government (elected by people). ↳ Undermines the democratic credentials of the constitution. ↳ Contentious relates impacts governance mechanism.

↳ Recent Delhi Ordinance Bill to control civil servants of Delhi may create hegemonic power to one single post. ↳ Autonomy of other states may also be impacted due to reduced trust.

Measures needed :-

  • Judicial interepretation seeking the right set of powers is beneficial.
  • The legislature & executive consensus be consulted before coming to a decision. ↳ Follow Punchi commission recommendation.
  • The LG be provided with provision in which cases he can induce the Presidential help.
  • Collaborative functioning is needed.

Close · a way forward

The Delhi tussle should be resolved by following solution oriented framework & bottom-up strategies.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2016, General Studies Paper II, Q1. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.